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Bankruptcy Law (16)

If you own a small business and are struggling with debt and considering declaring bankruptcy, you may wish to explore some options. There are a few different types of bankruptcy that may be appropriate for someone with a small business, but the option that is traditionally known as "business bankruptcy" may not actually be the best choice for you. Small Business Bankruptcy OptionsAs a small business owner, the way in which your business is organized is going to make a significant difference in how bankruptcy works. If your business is organized as a sole proprietorship or as a partnership, then your business is going to be considered as one and the same legal entity with you (or with you and your partners). This means that a "business" bankruptcy could end up impacting your personal assets and your personal credit standing. With that in mind, your options for business bankruptcy include…
Published in Bankruptcy Law
A wide variety of circumstances can place virtually anyone in a precarious enough financial situation that may merit filing bankruptcy. Understandably, this can be a very scary thought for most individuals; however, there are a number of resources available to help you. A good start to understanding what your financial options are, including bankruptcy claims, can begin with a cursory understanding of bankruptcy in general. Essentially, bankruptcy allows debtors to reorganize themselves financially or discharge debts under the Bankruptcy Code. Types of Bankruptcy There are numerous types of bankruptcy; however, for most individuals, bankruptcy claims will either be filed as Chapter 7 or Chapter 13 bankruptcy. Under Chapter 7 bankruptcy, individuals will attempt to discharge certain non-secured debts, as well as rectify outstanding secured debts through the sale of assets. In most cases, there are some debts that cannot be discharged and must be rectified, including tax obligations, criminal fines,…
Published in Bankruptcy Law
Published in Bankruptcy Law
Published in Bankruptcy Law
When creditors are knocking, it is time to reconsider your priorities. Slipping behind on your payments--occasionally--is not a cause for concern. You know you can stretch your bills a month or two and catch up paying only a few late fees. Chronic lateness however is a different matter.If you lose ground every month, added late fees alone can destroy your financial health. You are on a slow-motion roller coaster heading down. If realize you are in this position, worrying will not help. You have options. Take charge of your future.No one wants to file bankruptcy. Perhaps you intend to try a debt management plan or a debt settlement plan. These tactics are worthy of your consideration. The trick, if you use them, is not compromising your bankruptcy alternatives. You would not marry the first person who smiles. Take your time and keep your options open until you understand the ripple…
Published in Bankruptcy Law
The basic qualifications to file bankruptcy again remain the same. U.S. citizens, army personnel serving over seas, and any person who owns property or does business within the U.S. may file bankruptcy. Chapter 7 imposes additional restrictions based on a previous case. You cannot re-file Chapter 7 within eight years of a prior Chapter 7 discharge, or within six years of a prior Chapter 13 discharge (unless unsecured creditors received at least 70% of their total debt), or if a prior case was dismissed with prejudice within the last 180 days.The means test poses the greatest hurdle if filing Chapter 7 again, and determines the amount of the monthly payment owed to a Chapter 13 trustee.The means test became effective in late 2005. Since that time, all people who file bankruptcy under either Chapter 7 or Chapter 13 must take the test. In theory, the test measures monthly disposable income…
Published in Bankruptcy Law
You may notice that some people seem lucky. When confronting difficult situations they have better options, rebound quickly, and come back stronger. This is not luck. These people plan for success and keep their options open.Planning for financial success is not as hard as many people lead you to believe. In most situations, discovering you best strategy is nothing more than comparing your options before making a decision. Everyone dreams of winning the lottery occasionally but few believe it is likely. You also know with certainty that bills pour into your mail each month. You have a plan to pay them the best you can, but do not rely on lottery winnings. This simple decision silently includes risk vs. reward analysis based on probabilities.If you have difficulty paying your monthly expenses, it is time to reevaluate. You have a wide range of options to reduce your expenses, eliminate debt and…
Published in Bankruptcy Law

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